Samudrala Govindarajulu, J.— Unsuccessful complainant in the case relating to offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act) is the appellant herein. He filed C.C. No.289 of 2003 on the file of Special Judicial Magistrate of the First Class for Excise Cases, Mahaboobnagar against the accused alleging offence under Section 138 of the Act on the ground that the accused borrowed hand loan of Rs.70,000 on 3.5.2000 and that subsequently the accused gave Ex.P1 cheque dated 4.9.2002 for Rs.1,09,200 to the complainant toward settlement of the said debt and that the said cheque when presented for encashment was dishonoured as per Ex.P2 dishonour memo. After issuing Ex.P3 statutory notice, the complainant filed the case in the lower Court. During trial in the lower Court, the complainant examined himself as PW1 and marked as Exs P1 to P 7 on his behalf. No. evidence was let in by the accused. The lower Court after considering contentions of both the parties found the accused not guilty of the offences under Section 138 of the Act and acquitted the accused.

2. There is no dispute about Ex.Pl cheque containing signature of the accused. The b